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FGN & ANOR.
V.
OSHIOMHOLE & ANOR.

(2004) JELR 44993 (CA)

Court of Appeal 5 Feb 2004 Nigeria
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- The Federal Government and Attorney General sought interlocutory injunctions at the High Court of the Federal Capital Territory, Abuja, to restrain the defendants/respondents from protesting or striking in opposition to a N1.50k per litre

Case Details

Suit Number:CA/A/5/2004
Judges:ISA AYO SALAMI JCA ZAINAB ADAMU BULKACHUWA JCA ALBERT GBADEBO ODUYEMI JCA
Counsel:Chief Afe Babalola, SAN (with him, Kolapo Adabale. Esq., Professor Akinseye George, A. Akpan, Esq., Femi Amao, Esq., J.C. Obialor, Esq., Remi Awe and Paul Ikehnoba, Esq.) for the Appellants/Cross-respondents; Chief Wole Olanipekun, SAN (with him, Chief Gadzama J. K. SAN, Dr. A. A. Izinyon, SAN, Chief Chris Uche, SAN, Femi Falana, Esq., Uye Ogedegbe, Esq., Jude Okeke, Esq., Adesina Oke, Esq., Shina Ibiyemi, Esq., Boniface Bassey, Esq., R. Manase, Esq., A.O. Okeke, Esq., Mirabel Edozie, Esq., Jane Adidu [Miss], Ikenna Eze, Esq., Ajiboye Wasiu, Esq., Bola Aidi, Esq., Waheed Gbadamosi, Esq., Chief C. F. Nwokocha, Muyiwa Akinboro, Esq., Oladele Gbadeyan, Esq., B. K. Abu, Esq., C. S. Ekeocha, Esq., A. J. Ezenwafor, Esq., Evan Enekwe [Mrs], Nkiru Obioha [Miss] and Sheni Oyeyeso, Esq.) for the Respondents/Cross-appellants.
Other Citations:F.G.N. v. Oshiomhole [2004] 3 NWLR (Pt.860)305

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Gunmi, C.J. of the Abuja Capital Territory High Court of Justice, delivered on 16th January, 2004, refusing the appellants' prayer for an order of interlocutory injunction. In the application, the applicants asked for the following order:

"An order of interlocutory injunction restraining the defendants/respondents by themselves, their agents, servants and/or privies or otherwise howsoever, from embarking on any mass protest and/or strike or any other form or manner of protest on the 21st of January, 2004, or at any time thereafter pending the determination of the substantive suit."

The application was supported with affidavit to which one document was attached. The respondents gave a reply to the affidavit in support of the motion by deposing to a counter affidavit. Learned Counsel to both parties were heard viva voce and the learned Chief Judge in his ruling refused the application…

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